Simsbury, CT - Board of Appeals Minutes

These minutes are for informational purposes only. For official minutes, please contact the Town Clerk’s Office.

ZONING BOARD OF APPEALS

I. CALL TO ORDER

Chairman Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:35 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: James Daley, Katie Martin, Ruth Tower, Thomas Horan, Brad Mead, and Lou George. Also present were Laurie Whitten, Zoning Enforcement Officer, and other interested parties.

II. APPOINTEMENT OF ALTERNATES

Katie Martin was appointed in the absence of John Hampton.

Ruth Tower was appointed in the absence of Lou George.

III. PUBLIC HEARING

A. 01-06 Application of J. Larwood, Owner, requesting a 50ft front yard variance to extend the front porch around the side and rear, pursuant to Article 8, Section A and Article 9, Section D of the Simsbury Zoning Regulations at property located at 41 Quarry Road. R-40 Zone.

Jim Larwood, Owner, presented a plan for the construction of a wrap around porch. He said that the renovations to his home are going well, and that the current hardship that necessitates a variance is the safety concern created by the location and design of his stairs. He also stated that his plan takes aesthetics into account, but the porch is not motivated by looks alone. The stairs are dangerous. Mr. Larwood emphasized that his plan makes an effort to minimize the variances while still achieving a safer egress to his home.

The discussion was lead mainly by Mr. Mead, who expressed some concerns over the hardship.

Mr. Larwood answered the concerns to the satisfaction of the Board.

Ms. Martin announced for the record that she is a neighbor of Mr. Larwood, but that she did not feel this created a bias for or against him.

Seeing no one interested in speaking for or against Mr. Larwood from the public, Chairman Stempien closed the public hearing on 01-06.

Lou George arrives at meeting. Ruth Tower steps down.

B. 01-07 Application of Judith E. Lieberman, Owner, requesting a 16-foot front yard variance for a front porch and second story addition, pursuant to Article 8, Section A and Article 9 Section D of the Simsbury Zoning Regulations at property located at 91 Old Farms Road. R-40 Zone.

Al Lieberman, spouse to Judith, presented the plan for his property and requested the Board’s approval for the variance that would allow him to construct the porch and second story addition.

Chairman Stempien asked what was going to become of the attic, chimney, and 3 windows that seemed to be effected by the proposed construction.

Mr. Mead expressed concerns over footprint changes in the plan, as well as the hardship issues involved in granting the variances requested. He suggested that the plan should minimize the extension of non-conforming issues. What is the purpose of the porch, he asked, other than aesthetics?

Judith and Al Lieberman brought up some safety concerns regarding where their home is situated on the lot, and how children playing in the front yard often go unsupervised due to the lack of a porch.

There was general discussion over the Board’s role, the reasoning behind the request, and whether or not the variance was able to be granted in light of presentation of the applicants.

Seeing no correspondence and no residents present to speak for or against the proposal, Chairman Stempien declared the hearing closed.

C. 01-08 Application of Barry Bradley, Owner, requesting a 4-foot front yard variance for a garage addition, pursuant to Article 8, Section A of the Simsbury Zoning Regulations, at property located at 1 Old Meadow Way. R-40.

Before beginning, Mr. Bradley submitted corrections to his previous square footage calculations. Mr. Bradley then presented his plan and requested the variances on the grounds that his wife is a dentist and must respond to emergencies. In the winter, effectively responding to emergencies will require a four wheel drive vehicle. The third garage bay that would be created by the addition would accommodate this third vehicle.

Seeing no one to speak for or against the proposal, Chairman Stempien declares the public hearing closed.

IV. DISCUSSION AND VOTE

Mr. Daley made the motion to approve the request of Mr. Larwood on the grounds that safety was a legitimate concern and the plan was sound.

Mr. Mead seconded the motion.

The motion passed unanimously by a voice vote.

B. 01-07 Application of Judith E. Lieberman, Owner, requesting a 16-foot ront yard variance for a front porch and second story addition, pursuant to Article 8, Section A and Article 9 Section D of the Simsbury Zoning Regulations at property located at 91 Old Farms Road. R-40 Zone.

Mr. George made the motion to accept the three variances siting the hardship to be non-conforming issues and safety.

Mr. Horan seconded the motion.

Mr. Mead stated that he did not see the hardship, and could therefore not agree to the motion.

Mr. Daley stated that he too failed to see the hardship.

Mr. George responded by saying that the plan also provided another egress to the house, which did create a safer environment for children.

There was general discussion concerning the above issues, after which Mr. George withdrew his motion, and Mr. Daley withdrew his second.

Mr. Mead motioned to grant the second and third variances, leaving out the first variance which involved the porch.

Mr. Horan seconded the motion.

Motion passed unanimously by a voice vote.

Mr. Daley then made the motion to deny the porch variance.

Mr. George argued that the same logic should apply to all the variances and that a second egress would improve the safety of the home.

Mr. Horan agreed with Mr. George, the second egress was worthy of approval on the grounds of safety.

There was again general discussion concerning the scope of the Board’s authority over the matter, and the concern of setting poor precedent for future proposals before the Board.

Mr. Daley withdrew his motion and Mr. Mead withdrew his second.

Mr. George moved to grant the first variance and approve the porch plans.

Mr. Horan seconded the motion.

The motion failed by a show of hands 2-4 with Mr. George and Mr. Horan voting in favor, and Mr. Mead, Mr. Daley, Ms. Martin, and Chairman Stempien voting against.

Mr. George moved to accept the variances as presented.

Mr. .Daley seconded the motion.

Chairman Stempien stated that because the home is situated on a corner lot, and sited poorly, problems have arisen that are not the fault of Mr. Bradley, the owner.

Mr. Mead stated that he did not agree with the granting of these variances. He said that it was not a reasonable use of the Board’s authority. Mr. Mead was concerned about the consistency of the an affirmative ruling when compared to the past actions of the Board.

There was general discussion over the current trend of Simsbury residence to solve their vehicle needs by purchasing a new car and building more space, rather than trading in an existing vehicle for one that suits their needs better.

The motion failed with a tie vote of 3-3 with Mr. George, Ms. Martin, and Mr. Daley voting in favor of granting the variance and Chairman Stempien, Mr. Horan, and Mr. Mead voting against.

V. CORRESPONDENCE / ANNOUNCEMENTS

VI. APPROVAL OF MINUTES

Motion by James Daley to approve the minutes from April 25, 2001.

Motion passed unanimously by voice vote.

VII. EXECUTIVE SESSION

Mr. Daley motioned to go to Executive Session at 8:42 p.m.

Mr. Daley motioned to submit for the record the following resolution out of Executive Session:

Be it Resolved that-

The following statements are being made to clarify the Zoning Board of Appeals actions in the above-entitled case and will remain as a permanent record:

1.) The Zoning Board of Appeals (ZBA) hired John Wolfson prior to July of 1998 to review the board’s options concerning the above case and was our attorney prior to March of 1997.

2.) Atty. Wolfson’s function was to assist the board as to what its rights were and to assist it in settling the case.

3.) Mr. Stempien has been working with Atty. Wolfson from that time with the complete knowledge and approval of the ZBA.

4.) All of the actions taken with regards to the above case including the payment of Atty. Wolfson’s legal fees were done with the boards knowledge and approval.

5.) It is the opinion of the board that this mater is considered closed and no further action is required.

The motion was seconded by Mr. Horan, and passed unanimously.

VIII. ADJOURNMENT

Meeting was adjourned at 8:58 p.m.